Tabulam And Templer Homes For The Aged Inc
[2023] FWCA 1550
•30 MAY 2023
| [2023] FWCA 1550 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tabulam And Templer Homes For The Aged Inc
(AG2023/870)
TABULAM & TEMPLER HOMES FOR THE AGED INC., ANMF AND HWU ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| COMMISSIONER P RYAN | SYDNEY, 30 MAY 2023 |
Application for approval of the Tabulam & Templer Homes for the Aged Inc., ANMF and HWU Enterprise Agreement 2022
Tabulam and Templer Homes for the Aged Inc (Employer) has made an application for approval of an enterprise agreement known as the Tabulam & Templer Homes for the Aged Inc., ANMF and HWU Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Notice of employee representational rights (NERR)
The NERR issued to employees was not in the prescribed form as it contained additional information relating to contact details for the Commission. The Employer provided submissions that this constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the FW Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the FW Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 31 July 2023.
COMMISSIONER
[1] [2019] FWCFB 318.
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